Academic Research Publishing Group The Journal of Social Sciences Research ISSN(e): 2411-9458, ISSN(p): 2413-6670 Vol. 2, No. 3, pp: 48-53, 2016 URL: http://arpgweb.com/?ic=journal&journal=7&info=aims Ethnological and Legal Study of Jogis Vaibhav Jain BBA-LLB (Hons.) Scholar, The Institute of Chartered Financial Analysts of India (ICFAI) University Dehradun – 248197, India Abstract: This paper deals with a community of Jogis which is fighting for its survival in all phases and in each place (country). They are found in major religions but undeveloped and considered to be of low social status in all subcontinents and are victim of society. This community did that type of work for their livelihood which no other community does but they do it for their survival and livelihood. In this paper I throw the light upon the present living conditions and origin of Jogis in Afghanistan and their connections with Jogis of Jain origin these both communities are very petite in number now and the Jogis of Jain origin are may be now fully extinct. Keywords: Jogis; Jainism; Gorakhnath; Afghanistan; Tazkira(citizenship proof); Punjab; Rawal. 1. Introduction The Jogis as a community cannot be said to have any history; there are many branches into which they are split ranging from all Indian subcontinent (including Afghanistan) and pursuing various religions and different way of life. In many reports of UN there are disambiguate that Jogis came from Central Asia (Zahir, 2012) or of Jat origin (Samuel Hall Consulting, 2011),they are of a bigger ethnic group of Jogis which are of indegenious origin, they have a great past and culture they are basically followers of Gorakhnath or of his disciple, so they still live and uses customary beliefs and follow native culture. They range from Afghanistan to deep in southern India. They are in a worst condition in Afghanistan where they have not given rights and even identity, and here we discuss some constitution point on condition and contradiction with the present condition of Jogis. 2. Methodology A historical account from the great work of ― A Glossary of Tribes and Castes of the Punjab and North-West Frontier Province‖ by Rose (1911) and ― Gorakhnath and Kanphata Yogis‖ by George (1998), and data from Samuel Hall Consulting (2011), Jogi and Chori Frosh communities: a story of marginalization, for UNICEF and other U.N. and N.G.O reports. 2.1. Origin of Muslim Jogis We study Rawals(caste) of Jogis in Punjab, north western frontier and in Afghanistan and origin of Jogis of Jainism. The influence of Jogis on and beyond the north-west frontier is one of the most remarkable features of the cult. Legend connects the Gorkhatri at Peshawar with gorakh, and it was once a Jogi haunt, as both Babar and Abu‘l- Fazl testify. The chief saint of the Jogis in the north-west is Pir ratn Nath of Peshawar (there are Jogi shrines in kohat a Punjabi city, Jalalabad and Kabul). Faqirs and fortune tellers, both Hindu and Muslim but chiefly Muslim are Jogis as it is their primary work. The Muslim section of Jogis in Punjab is called Punjab-Rawals or Jogi-Rawals, which is derived from the Arabic word rammal which means diviner. The disciples of Pir ratn Nath do not wear the mundra, and to account for this tradition says that once when Jogis of the 12 orders had assembled at tilla Jogian for a tukra observance tilla Jogian (Tilla Jogian is the highest peak in the Eastern Salt Range in Punjab, Pakistan. At 975 meters (3200 ft) above sea level, it is about 25 km to the west of Jhelum city and 10 km west of the model village of Khukha). Rawal or Nagnath: This is third of the Shiva group. they constitute major portion of Muslim Jogis, in western district of Punjab(Pakistan) south of Afghanistan, there major work include fortune-telling and other practices which Jogis do in other parts of subcontinent. 48 The Journal of Social Sciences Research, 2016, 2(3): 48-53 2.2. Jogi’s Spiritual Descendants Figure-1.Jogi‘s spiritual descendants Shakti Shiv Ude Nath Parbti The second of the 9 Naths and the founder of the panth of the Jogis Rudargan Jalandhar Machhendar Nath Jalandhari Gorakhnath Pangal or Nim nath* Paras nath* (Sirtora) (Puj) Arjan Nath Bhartari Kanipa Nath Pir ratn nath* 2.3. Rawal are Divided in Two Sects 1 Madia and 2 Gal Gal who are also known as pagal panthis and Rawal galla(Muslims). They are found in Peshawar. The chief seat of them is in Rawalpindi and member of this group are also found in Afghanistan. According to one account they form the half of the order and the other half is of Parasnathis (Jains). Muslims revere pir ratn nath in Peshawar and beyond the frontier in Afghanistan, There are shrines of pir ratn nath in kabul and Jalalabad (George, 1998). The jafir pirs are Muslim, they are found in whole Punjab(south of Afghanistan) although they are not in 12 sects, by some they trace lineage from santoknath. There are varying records of the spiritual descent of Gorakhanath. 2.4. Present Condition and Problems in Afghanistan The Jogis are a nomadic ethnic minority scattered in Afghanistan, with sizeable population in north eastern provinces of Afghanistan.They are Sunni Muslims, and the language they use is Dari and other local languages. As in Afghan constitution The biggest problem is that they don‘t have Tazkira(afghan citizenship documents) (Afghanistan Official Portal, 2011). Preamble of Afghanistan constitution (Constitution of Afghanistan) Fifth point in preamble Observing the United Nations charter and respecting the universal declaration of human rights. 49 The Journal of Social Sciences Research, 2016, 2(3): 48-53 For creation of a civil society free of oppression, atrocity, discrimination, and violence and based on the rule of law, social justice, protection of human rights, and dignity, and ensuring the fundamental rights and freedoms of the people. -In afghan constitution Constitution provision Article 40. Private Property (1) Property is immune from invasion. (2) No person shall be forbidden from acquiring and making use of a property except within the limits of law. (3) Nobody‘s property shall be confiscated without the provisions of law and the order of an authorized court. (4) Acquisition of a person‘s property, in return for a prior and just compensation within the bounds of law, is permitted only for securing public interests in accordance with the provisions of law. (5) Inspection and disclosure of a private property are carried out only in accordance with the provisions of law. The Jogis lives as nomadic life they don‘t have any specified areas or land given to them for their seasonal migration (Zahir, 2012). Article 44. Education for Women and Nomads, Illiteracy The state shall devise and implement effective programs for balancing and promoting of education for women, improving of education of nomads and elimination of illiteracy in the country. Women done all work and earn money by begging and fortune telling which has same work as Jogis in India. In India they have special status as representation in parliament and government services both in state and at central levels, in schedule tribe, schedule caste or in other backward classes as they fall in any of the list they got reservation, in case of Ajit Jogi the first chief minister of Indian state of Chhattisgarh, there was a controversy regarding in which category does he come and he changes its caste (Civil Appellate Jurisdiction). Jogi women are also often required to beg or tell fortunes. Both groups are exposed to harassment by the police. In Districts 7 and 13(localities of Kabul), both longer-term residents and the more recently displaced reported that female students were at risk of sexual harassment when walking to school. Since 2007, there has been a significant increase in attacks on girl‘s schools, with anti-government actors suspected of engaging in tactics including intimidation, abductions and targeted attacks on buildings, aimed at stopping girls‘ education. There have been several reports of actual and attempted kidnaps of children when walking alone (HPG Working Paper, 2012). 60% of Jogi household have at least one women working. (Samuel Hall Consulting, 2011). Jogi community children are more illiterate than other communities residing in Afghanistan, in Mazar-e- sharif 83.9% of Jogi children are not going to school compared to other communities which have only 47.2% of children not going to school. (Samuel Hall Consulting, 2011) Article 84. House of the Elder (3) The president from among experts and experiences personalities including two representatives from the disabled and impaired and two representatives from the nomads (Kochis) – appoints the remaining one-third of the members for a period of five years (HPG Working Paper, 2012). Kochi ethnic group share similar nomadic way of life as of Jogis. As in the Afghanistan constitution Chapter 1.The State Article 4. Sovereignty, Ethnic groups, Citizenship (3) The nation of Afghanistan is comprised of the following ethnic group: Pashtun, Tazik, Hazara, Uzbek, Turkman, Baluch, Pachaie, Nuristani, Aymaq, Arab, Qirghiz, Qizilbash, Gujur, Brahwui and others. (4) The word afghan applies to every citizen of Afghanistan. (5) No member of the nation can be deprived of his citizenship of Afghanistan. (6) Affairs related to the citizenship and asylums are regulated by law. Article 28. Extradition (2) No afghan would be sentenced to deprivation of citizenship or to exile inside the country or abroad. The Jogi people don‘t have any identity document. Article 33. Electoral Rights (1) The citizens of Afghanistan have the right to elect and be elected.